Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

Labor Corporations: SAL and SLL

Sociedad Anónima Laboral / Sociedad Limitada Laboral

Members: Three or more. No partner may hold more than one-third of the share capital (KS). There must be at least two workers. If one partner is a public entity, it may own up to 49% of the KS. [for two]

Responsibility: Same for both types of companies.

Disputes and Transfer of Capital

DISPUTES: Regarding transfer of share capital (transfer of shares in S.L. or of stocks/shares in S.A.), there is an order of preference:

1. Permanent workers (first place)
2. Labor partners
3. Donors
4. Workers without an indefinite contract

Common Requirements

It is required to constitute a special reserve fund equal to 10% of profits.

Business Name, Taxes and Constitution

Business name: The business... Continue reading "Labor Corporations, Social Interest Societies & Cooperatives" »

Typical Behavior: Disclosing Secrets

This involves revealing the secrets of another person, such as a patient, their relatives, or friends, even after the professional relationship has ended, or the person is deceased.

Privacy Law and Constitutional Rights

Constitution

The right to honor, personal and family privacy, and image.

General Health Law

The confidentiality of all information related to health.

Basic Law Regulating Patient Autonomy

Right to privacy: Everyone has the right to respect the confidential health data. No one can access information without proper authorization.

Information Requirements and Patient Care

Verbal care incorporates the risks and consequences of each intervention. Information must be truthful, understandable, and suitable... Continue reading "Patient Confidentiality and Healthcare Data: Legal Framework" »

Class Standing

• Ad procesum: Procedural standing.
• Ad causam: Standing regarding the cause of action.
  • Activa: Eligibility for the applicant.
  • Passive: Standing to be sued.
• Regular: Exercised by the owner of the right in the process.
  • Direct: Held from the beginning.
  • Indirect: Received from a third party.
• Special:
  • Representative: Exercise of a right in the interest of others.
  • Substitute: Exercise of others' rights in one's own interest.
  • Direct (1522 CC): Direct legal standing.

Methods of Litis Consortium

• Temporal Classification:
  • Native: Takes place from the beginning of the process.
  • Occurred: Occurs after the process has started.
• Structural Classification:
  • Active: Multiple applicants.
  • Passive: Multiple defendants.
  • Mixed: Multiple individuals on both sides.
• Voluntary

The Royal Charter of 1834

The Royal Charter of 1834 took place during the transition phase between Ferdinand VII's absolutist state and the liberal reign of Isabella II (1833–1835). It represented a "third way" between liberalism and absolutism. Rather than a constitution adopted by Parliament, it was a granted charter (Estatuto Real). It functioned practically as a regulation to convene the courts, possessing an advisory character; they could not pass laws, although the Queen could make requests to the courts.

The courts consisted of two chambers:

• Estate of Peers (Próceres): Comprised of the nation's personalities and heroes, appointed by the Queen in unlimited numbers. This was a life-long, hereditary position.
• Estate of Procurators (Procuradores)

Labor Code Fundamentals

1. Definition of Employment Relationship

The employment relationship between employers and workers is governed by this Code and its complementary laws. (Art. 1)

2. Employer Definition

The natural or legal person who uses the intellectual or material services of one or more persons under a labor contract. (Art. 3)

3. Worker Definition

Any natural person performing personal services — intellectual or material — under dependence or subordination, and under a contract. (Art. 3)

Labor Contract Essentials

4. Labor Contract Overview

(Art. 7, 8, 9, 10)

4.1. Types of Labor Contracts

• Individual: Between an employer and an employee.
• Collective: Between employers and one or more worker organizations or associations.

4.2. Key Elements of

Liability of Public Officials

1. Prerequisites for the Position

A preventive control mechanism for rotating administration officials and judges was the selection of who should administer justice.

These people were chosen from the noble and rich, with experience in times of war and conquest, of good character, raised in the Calmecac, prudent and wise, and also the servants at the palace.

A good senator is a righteous judge who hears both sides, weighs the cause of each, gives to each what belongs, and does justice always right. They are not swayed by people and do justice without passion. Thus, we can see that codes of ethics were very real.

2. Remuneration

The king remunerated judges with certain amounts of cash and food, and the right to certain... Continue reading "Accountability of Public Officials in Ancient Mexico" »

The Origins of the Spanish Constitution of 1812

The Spanish Constitution of 1812, also known as La Pepa, was enacted by the Parliament of Spain on March 19, 1812, the day of San José. This timing led to the nickname Pepa given to it by the people of Cádiz.

Officially, it was in effect for two years from its enactment until March 24, 1814, following the return to Spain of Ferdinand VII. It was later in force during the Liberal Triennium (1820–1823). The constitution provided for suffrage, freedom of the press, the abolition of the Inquisition, and included provisions for the distribution of land and freedom of industry, among other reforms.

Resistance and the Central Governing Junta

After the uprising of the people of Madrid against the French... Continue reading "Spanish Constitution of 1812: History and Legacy" »

Repayment Procedures for Subsidies (LSubv)

Beneficiary Obligations (Art. 14 LSubv)

Beneficiaries must adhere to the following requirements:

• Execution: Completion of the subsidized activity.
• Justification: Providing proof of expenditure to the Administration.
• Transparency: Communicating the receipt of other grants or aid.
• Reimbursement: Returning any unused or ineligible amounts.

The LSubv establishes a regulatory framework for validating and stamping expenditure proofs to prevent fraud and improve the efficiency of verification and control procedures.

Invalidity and Reimbursement

The general scheme mandates reimbursement if the concession agreement is deemed invalid. Article 36 of the LSubv (referencing Act 30/92) outlines grounds for invalidity, including... Continue reading "Grant Repayment Procedures and Beneficiary Obligations" »

Understanding Regulations

A regulation is an ordered set of rules or precepts concerning a particular matter. It is characterized by its non-exhaustive compliance, meaning it provides a framework rather than an exhaustive list of actions.

Regulation as an Administrative Act

In legal literature, there is discussion on whether a regulation is an administrative act in the strict sense. Some argue it denotes statutory authority to exercise a legislative power, rather than a purely administrative activity, and can even be considered an act of government. However, the formalities and procedures for promulgating a regulation are often the same as those required for issuing a decision or decree with special effects. Under Chilean law, regulations are... Continue reading "Administrative Acts & Regulations: Core Legal Concepts" »